Texas lawmaker addresses synthetic drug law

Published 9:05 am, Friday, February 8, 2013

When teens can walk into a convenience store and buy substances regarded as more dangerous than many banned drugs, most parents would agree there is a problem.

Synthetic drugs, which include Kush, K-2, 251 and bath salts, were banned in 2011, but prosecutors have found it impossible to go after manufacturers, sellers and buyers of the products.

“Here’s the problem,” said Legislative Liaison and Assistant District Attorney Justin Wood. “We have legislators who are not chemists or prosecutors involved in criminal law directing these bills and passing these bills. As with many times legislation is passed, once it’s passed, then we have to go work out the kinks.”

In 2011, state legislators passed the Texas Controlled Substance Act, which defined all known synthetic drugs at the time. The only problem was street chemists developed new recipes and substances before the laws could be revised, said Wood. Now two years later, legislators have another opportunity to redefine synthetic drugs, said Wood.

The latest casualty of synthetic drugs is Emily Bauer, the Cypress teen who was left brain damaged and blind after smoking Kush and Klimax potpourri.

While County Attorney Vince Ryan’s Office said they were exploring Bauer’s case, existing laws make it unlikely they would be able to file criminal charges against the seller.

“Both our office and the sheriff’s office will look into this further to see what the county might be able to do,” said Robert Soard with the County Attorney’s Office. “Our information is that the manufacturer/ seller changed the chemical make-up of these types of drugs so fast, it’s hard to keep up and regulate them.”

Harris County Sheriff’s Office spokesperson Christina Garza also said the sheriff’s office was restricted by current law and could not target manufacturers or sellers. Assistant Chief Mark Herman said while the department was limited to the synthetic drugs defined in the Texas Controlled Substance, deputies on patrol in subdivision still keep a close on children and teens in the neighborhoods.

“We take synthetic drugs just as seriously as other drugs,” said Herman. “If it’s reported to us, then we will act on it,” he said.

To address the gap in the law, Senator Joan Huffman has filed Senate Bill 263, which identifies and makes illegal several more compounds found in synthetic drugs and broadens the law to allow law enforcement to go after drugs that haven’t been created.

“SB 263 was crafted using the input of chemists, prosecutors, and police who fight to keep these dangerous substances off the streets each day. It’s also intended to further strengthen the existing law,” said Huffman in a statement.

Wood explained the bill would be similar to the existing analog drug law.

“There is an analog drug statute on the books, but it doesn’t cover synthetic drugs,” said Wood. “It basically gets rid of these kinds of gaps and loopholes when a new substance is developed or a new compound is discovered.”

In addition, Huffman filed Senate Bill 264 which makes it a felony to possess, manufacture or sell 25I, which acts as a psychedelic, similar to LSD and ecstasy.

According to Huffman, Texas poison centers received 470 exposure calls on K-2 last year and 25I has been blamed for the recent deaths of two young Houston residents.

Wood said the legislation would likely be passed this session and go into effect later this year.

“We are looking at prosecuting the gas stations for selling it,” said Wood. “We have to be able to take that substance, test it and the chemist has to be able to say it is synthetic marijuana.”

If the law is passed, Wood said the “Not for human consumption” label on bags of synthetic drugs marketed as potpourri will help officers identify banned substances and prosecutors prove intent.

“We still have to prove that that person was knowingly possessing a controlled substance or synthetic marijuana or something illegal,” said Wood. “Once the law is changed and corrected, there is still that hurdle of having to prove the person in possession of it knew it was illegal. Clearly labeling it is helpful to us [to prove that].”

Lt. Gray Smith from the Narcotics Division of the Houston Police Department also supported the bills.

“Houston and the surrounding Gulf Coast Region have seen significant production, distribution and consumer sales of these substances which have caused so much harm nationally,” Smith said. “These bills will allow for the closer coordination between the police, crime labs and the courts and aid in bringing criminal prosecutions regarding these substances to a successful conclusion.”